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This is set out in s328 of the 2003 Act as:
328 Meaning of “mental disorder”
(1) Subject to subsection (2) below, in this Act “mental disorder” means any—
(a) mental illness;
(b) personality disorder; or
(c) learning disability, however caused or manifested; and cognate expressions shall be construed accordingly.
(2) A person is not mentally disordered by r...
However, the Law Society of Scotland expressed concern that the provision could lead to confusion and legal uncertainty in the application of exemptions under the FoI Act.
Committee reports
Date published:
18 November 2025
Sustainability of social security spend
The Committee acknowledges that devolved social security spend is demand-led, and that as a result, short-term spend can only be reduced by limiting eligibility criteria.
We also note concern expressed by witnesses about the nature of social security spend, with the Fraser of Allander Institute (FAI) explaining expend...
Labour market data
The Committee previously expressed concern regarding the reliability of data from the Office for National Statistics (ONS) Labour Force Survey (LFS) which informs forecasts affecting the Scottish Budget.
A rigid UK-level prohibition may conflict with how Scotland wishes to allow patient information to be disseminated or public awareness to be raised and this may in turn result in limitations to freedom of expression or patient rights. Indeed, a prohibition that inadvertently prevents patients from accessing factual information about their legal rights risks...
Committee reports
Date published:
24 September 2025
It requests that it is kept updated about the Cabinet Secretary's proposal that guidance for CPPs could be developed.
East Renfrewshire Council expressed concerns that the role of the third sector is not sufficiently included in the draft Plan:
"The plan under-represents the critical role of Third Sector and community groups in delivering a Good Food Nation...
Committee reports
Date published:
23 September 2025
These participants called for the role of family members to be explicitly reflected on the face of the Bill, expressing fear that failing to do so would give a signal to medical practitioners to ignore them.
This the final output from a SPICe academic fellowship exploring these themes. Views expressed in this briefing are those of the author's and not those of SPICe or of the Scottish Parliament.
However, in discussion with Members, the SRG said that the production of "guidance" represents an insufficient response to the seriousness of the issues faced by those leaving and abusive relationship, and that domestic abuse and potential homelessness is not being dealt with urgently enough.Key themes from lived experience engagement with Members of Scottish Women's Aid: 11 June
All in for Change expressed...
Gillespie Macandrew argued that the main source of uncertainty and dispute is the rules on notice periods and that aspects of the drafting of the Bill are “overly complicated and certain provisions could be expressed more clearly and succinctly”.